Debates of October 17, 2006 (day 9)

Topics
Statements

Point Of Privilege

Thank you, Mr. Speaker. Mr. Speaker, I rise today on a point of personal privilege to correct what I believe are some misconceptions about the rules which I can appreciate must be mysterious to many members of the public who do not work with these rules on a day-to-day basis.

In particular, I refer to an editorial published in the October 4, 2006, Hub newspaper that included the phrase "conventions that conveniently give politicians an easy ride in reference to the sub judice rule that requires Members to refrain from discussing matters that are before the courts."

As I understand it, the sub judice convention is a voluntary restraint that Members have agreed to place on their freedom of speech for two very important reasons. The first is to avoid any interference or perception of interference with the independence of the courts. In Canada, the separation of the judicial branch from the executive and legislative branches is a cornerstone of our democracy which, although we often take it for granted, is the envy of many of our fellow Commonwealth countries who are struggling to create free and political and legal systems.

The independence of the judicial branch creates an expectation that politicians will not attempt to influence or even appear to attempt to influence the courts’ decision-making.

The second reason for the sub judice rule is to protect the rights of parties to a fair trial free from prejudice that may arise as a result of public debate on the issues before the judge. Here I briefly quote your predecessor, Mr. Speaker, the former Speaker Michael Ballantyne who said in this matter: “In these circumstances, a Member’s freedom of speech must give way to the importance of preserving the independence of the decision-making process. It is not enough for justice to be done; it must also appear to be done.”

Mr. Speaker, I hope that my comments today will help shed some light on the purpose of the sub judice convention. More over, I hope that they affirm that we must take our rules and these important principles, particularly, that underly them very, very seriously. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mrs. Groenewegen. Good afternoon, Members. It is, indeed, a pleasure to welcome you back to the Chamber for the continuation of the Fifth Session of the 15th Legislative Assembly of the Northwest Territories. It has been a very busy summer for all Members caring for constituency matters, as well as continuing in public debates, public hearings and ongoing government and committee work.

I would like to acknowledge, before we go on, the community elections that were held in many parts of the Territories yesterday. I can certainly appreciate the commitment, time and effort that anyone who runs for public office must exert and I applaud all who ran in these elections.

---Applause

As well, I want to extend the congratulations of all Members to the successful candidates. Members of this House look forward to working with all of you for the betterment of the citizens of the Northwest Territories.

I would like to extend a warm welcome to Ms. Tonia Grannum, a table officer who is visiting us from the Ontario Legislature.

---Applause

Our staff is looking forward to a mutually beneficial information exchange and I want to thank you in advance, Ms. Grannum, for your willingness to assist us over the next few weeks.

I would also like to take this opportunity to recognize Mr. Gerald Gerrand, the Conflict of Interest Commissioner for the Northwest Territories, who is in the gallery today.

---Applause

Welcome, Mr. Gerrand. It is always a pleasure to have you here with us.

Finally, Members, before we begin, I know some of you have experienced tragic loss of constituents, families and friends over the past few months. I would like to extend the condolences of the House to the families, friends and communities who have been affected by tragedies over this past summer.

Before we proceed to the orders of the day, I wish to remind all Members of the rules you have established for debate in this House. The issues we deal with as Members are serious and important to the people we represent. We owe it to our constituents and to each other to carry out our business with dignity and respect. Also, I want to remind all Members to make statements, ask and respond to questions in such a manner that will allow the maximum participation of all Members in our proceedings. Thank you for your attention, Members.